State ex rel. Spickerman v. Allen
Supreme Court of Missouri
Appeal from Madison Circuit Court. — Hon. James D. Fox, Judge. (1) The appointment of Spickerman as guardian was made in April, 1883. The application to set aside- and annul such appointment was not made until May, 1884, and after a lapse of four several terms of said probate court, and it was too late for the probate judge-to say he had not, as judge, approved his acts as clerk, if any such approval was necessary.
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Appeal from Madison Circuit Court. — Hon. James D. Fox, Judge. (1) The appointment of Spickerman as guardian was made in April, 1883. The application to set aside- and annul such appointment was not made until May, 1884, and after a lapse of four several terms of said probate court, and it was too late for the probate judge-to say he had not, as judge, approved his acts as clerk, if any such approval was necessary. Jones v. Hart, 60-Mo. 351; Wilson ®. Broughton, 50 Mo. 17; Freeman on Judg. [1 Ed.] secs. 6, 9, 10, p. 45. (2) The probate court having heard the case on petition, answer,…
1Opinion of the CourtBrace, J.
This was a proceeding by mandamus to compel the respondent, judge of the probate court of Madison county, to grant an appeal to the circuit court of said county from an order of said probate court revoking the appointment of relator as guardian of John Dasch, a minor. A demurrer to the return of respondent to the writ was overruled, peremptory mandamus refused, and judgment for costs against the .appellant rendered.
The respondent, in his return, admits that at-the May term of said probate court, and on the thirteenth of May, 1884, one Wilhelmina- Schmidt filed in said; probate court her…
2Cases cited2 opinions
- State v. NortonSupreme Court of Kansas · 1878
- Potter v. ToddSupreme Court of Missouri · 1880
3Cited by8 opinions
- State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
- State ex rel. Millett v. FieldMissouri Court of Appeals · 1889
- State ex rel. Adamson v. CollierMissouri Court of Appeals · 1895
- State ex rel. Mitchell v. GuinotteMissouri Court of Appeals · 1905
- State ex rel. Pinger v. ReynoldsMissouri Court of Appeals · 1906
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